Author name: Clerk

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The Signature That Changed Everything: Lessons from a $2M Building Dispute

Case Summary: Imerva Corp Pty Ltd v Kuna [2017] VSCA 168 (Imerva)   In building contracts, every signature matters – literally. In Imerva, a couple’s decision to initial rather than formally sign a crucial document clause unraveled a $2 million construction deal. The case is a sharp warning to builders and homeowners alike: skip a […]

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U.S. Court Rules in Favor of AFBRI in Dispute with Israeli Academy Over Donations

  April 2025 – A U.S. appeals court has sided with the American Foundation for Basic Research in Israel, Inc. (AFBRI) in a legal fight with the Israel Academy of Sciences and Humanities, deciding that the Academy has no right to claim control over AFBRI’s donations.   The Israel Academy, a top research institution established

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Commonwealth v Yunupingu – Landmark Native Title Case

The High Court of Australia’s recent ruling in Commonwealth of Australia v Yunupingu [2025] HCA 6 (Commonwealth v Yunupingu) marks a pivotal moment in the evolution of native title law. To fully grasp the significance of this decision, it’s essential to understand what native title is and trace its development since the landmark Mabo case.​  

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Is Paying an Adjudicated Debt a Must Before Legal Action? A peek into McDonald v MAK Constructions

  Snapshot   Judgment debts and adjudication can be complex territory – especially when there’s a dispute over payment and defects. Consider this scenario: you withhold payment from a builder because you believe their work is defective. The builder takes the dispute to adjudication, and the adjudicator determines that you actually do owe the builder

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A New Era for Community Foundations

A New Era for Community Foundations: Major Reform Unlocks Exciting Opportunities     A groundbreaking reform is reshaping the future of community philanthropy in Australia, paving the way for community foundations to thrive like never before. With the release of the Taxation Administration (Community Charity) Guidelines 2025, a newly established pathway to Deductible Gift Recipient

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Changes to Australia’s Anti-Money Laundering Laws – Here’s What It Means for Lawyers 

After an 18-year delay, Australia is finally moving to expand its Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML Act). The law, which currently applies to banks, casinos, and financial institutions, was always meant to extend to other professionals like lawyers and accountants—and now, that long-overdue change is happening.  A new amendment is in its

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Charities and the Upcoming Federal Election: What You Can and Can’t Do

  With Australia’s federal election just around the corner, charities across the country are considering how they can advocate for their causes while staying within the law. Can they push for policy changes? Can they engage with political candidates? Where is the line between advocacy and partisanship?   Let’s break it down.     Charities

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